Your Baby in the UAE

Welcoming a newborn baby is a joyful and exciting time. However, this time can also be overwhelming, while you determine the relevant administrative tasks that new parents are tasked with.

Depending on where you live in the UAE, there are a few differences in relation to regulations associated with babies, and the initial legal formalities. At Aramas International Lawyers, we can help you to understand these systems, and assist you in completing the relevant formalities for your little ones.

By way of general background on the matter, the UAE Social Affairs Guidance sets out the following guidance:

• There is an eService for newborn Emirati babies, called Mabrouk Ma Yak.
• Marriage is a prerequisite. Under the UAE law, marriage is the only legal bond for a man and a woman to establish a relationship and form a family. The man and woman must be legally married to each other to get legal recognition for their child.
• The usual process for obtaining a birth certificate – After the baby is born, the hospital will provide a stamped and signed birth notification. Government hospitals will issue birth certificate as a next step.

However, for babies born in private hospitals, parents will need to apply to Ministry of Health and Prevention or the health authority in their emirate of residence for a birth certificate by presenting the birth notification.

Obtaining a Birth Certificate as a Newborn Expatriate. 

Residents have a maximum period of 30 days to register their child’s birth in the UAE. If the parents are of different nationalities, the child will adopt the nationality of the father.

To process the birth certificates, a parent must submit the following identification papers to the hospital where the child is born, or to the relevant health authority in the emirate:

• Attested Arabic translated marriage certificate, if it is in a language other than Arabic
• Copy and original of husband’s and wife’s passport and residence visa
• Birth notification details from the hospital
• Discharge summary from the hospital.

All expatriates must get birth certificates attested by Ministry of Health and Prevention and Ministry of Foreign Affairs and International Cooperation. Birth certificates stamped by Department of Health – Abu Dhabi (Doh) or Dubai Health Authority (DHA) are equivalent to the seal of Ministry of Health and Prevention.

Residents have 120 days from the birth of their child to arrange the formal documents which includes birth certificates, passports, Emirates ID and visas of their new born babies. If the residence visa is not finalised within 120 days, then a fee of AED100 per day would be charged for each day over the 120-day period, and the baby will not be allowed to exit the country.

Turning to the legal position across the UAE…

The UAE Federal Law

The Federal Decree Law No.10 of 2022, which came into force in October 2022, was implemented to deal with the Registrations of Births and and Deaths.

This allows mothers the option to name their baby, even where the father may be unknown. 

Birth certificates in Abu Dhabi

The Abu Dhabi Civil Family Court allows applications to be made for standard birth certificates as well as for children born to unknown fathers. This is an option for those who have babies born in Abu Dhabi, or for residents of Abu Dhabi. 

The process involves a Court form application, with supporting documentation. A family law specialist can assist with this process. 

Babies born to unknown father in Dubai

Dubai Laws in certain areas of family law are markedly different from the UAE Federal Laws on the same issue. Care must be taken to ensure that you are aware of such differences if you are the parent to a new baby in the UAE.

These children may be given a name which is governed by the Court, as opposed to the name which a mother may select. 

This naming of the child by the Court falls under the Court’s powers under the Dubai Personal Status Guide, which is based on Article 63, and Decision No.3 of 2021. 

In this way, mothers must make an application to the Court to be permitted to name their baby.

Conclusion

There is speculation as to whether Dubai may adopt the Federal level Laws, or the options permitted in Abu Dhabi in respect of newborns, but for now, there are separate governing rules that expats should ensure they are aware of. Ultimately, navigating the relevant laws and guidelines throughout the UAE in respect of a new baby is somewhat of a challenge, and we would recommend speaking to one of our specialist family lawyers, who can advise you as to the next steps.

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Sources:

The Official Portal of the UAE Government:
https://u.ae/en/information-and-services/social-affairs/having-a-baby

Abu Dhabi Judicial Department Website:
https://www.adjd.gov.ae/en/Pages/CivilFamilyCourt.aspx

Legal resources:

• Abu Dhabi Law No. 14 of 2021 On the Civil Marriage and its Effects in the Emirate of Abu Dhabi
• Resolution No. (8) of 2022 concerning the Marriage and Civil Divorce Procedures in the Emirate of Abu Dhabi
• The Federal Decree Law No.10 of 2022